case and have already received compensation under the said program.
301.
In this regard, the Court recalls that under Article 63(1) of the American
Convention, it must ensure that the consequences of the human rights violations declared in
this Judgment are repaired, and must order the payment of just compensation to the
injured party, in accordance with international standards and its consistent case law on this
matter.
302.
The Court observes that the said National Reparations Program establishes:
“A maximum amount of financial reparation of forty-four thousand quetzales in cases in which the
family unit has more than one fatal victim of extrajudicial execution, forced disappearance, or
death during a massacre; this amount shall also be granted to the survivors of torture or rape
when, in addition to themselves, there are also another or other fatal victims in the same family
unit.”365
303.
The foregoing reveals that the differences between the parties stem from the
standards or criteria used by the National Reparations Program to calculate or allocate the
compensatory amounts to the victims. The Court takes note that the State has a program of
reparations under which it has already proceeded to compensate some of the victims of the
massacres in this case.
304.
Based on the provisions of Article 63(1) of the American Convention, the Court will
now order the measures required to repair the pecuniary and non-pecuniary damage arising
from the violations declared in the preceding chapters. Nevertheless, the amounts that have
already been awarded to the victims in this case at the domestic level under the PNR must
be recognized as part of the reparation due to them and subtracted from the amounts
established by the Court in this Judgment for compensation (infra para. 309). At the stage
of monitoring compliance, the State must provide proof of the effective delivery of the
amounts ordered under the said program.
D.2.
Pecuniary and non-pecuniary damage
D.2.1.
Arguments of the parties
305. The representatives indicated that the victims in this case were forced to abandon
their lands, losing almost all their possessions and means of subsistence. Thus, since it is
impossible to quantify the exact pecuniary damage caused, owing to the characteristics of
the case, they asked that, “taking into account criteria such as the cost of living in […]
Guatemala over the last 16 years, [the Court] establish in equity the amount of
US$25,000.00 for […] pecuniary damage.” The representatives did not clarify for whom
this amount was requested. However, they asked the Court to recognize the “twofold
victimization”366 of the mortal victims of the massacres, of the survivors of the massacres,
and of “the children subjected to conditions of slavery.” Regarding non-pecuniary damage,
the representatives asked the Court to take into account: (a) “the twofold victimization” of
the survivors of the massacres, who witnessed the grave violations against their next of kin
365
Opinion-PNR-BVRB-03-2011 of April 27, 2011, of the PNR, in relation to the file corresponding to Celestina
Osorio Ixpatá and María Osorio Chen (file of annexes to the submission of the case, tome XXXVI, folio 24596).
366
The representatives asked the Court to “recognize the twofold victimization of the persons individualized
in annexes H, I, J, K, L, M, and N of the list of the victims of the massacres, children subjected to slavery and
survivors in general […], and, therefore, to apply the criteria set out previously in order to calculate the loss of
earnings as an essential part of the total determination of the compensation.”
102
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